Facts
The petitioner’s scooty was seized under 30(A) of Bihar Prohibition and Excise Amendment Act 2018 for carrying intoxicants. The petitioner approached the Court requesting the Court to issue a writ releasing the vehicle.
Arguments of the Petitioner
The counsel of the petitioner requested the court to release the vehicle. He cited the cases of Md. Shaukat Ali Vs. The State of Bihar (CWJC No. 20598 of 2019), Umesh Sah Versus the State of Bihar & Ors. n ( CWJC No.17165 of 2019) and Bunilal Sah @ Munilal Sah (CWJC No.2050 of 2020).
The counsel for the state opposed the plea.
Analysis of the Court
The Bihar Prohibition and Excise Amendment Act were meant to prohibit the transport and storage of liquor and other intoxicants. Section 56 of the Act lays down the procedure for confiscation of the objects used for the crime. According to it the district collector upon receiving the report of the seizing officer had to pass an order on such goods. The courts are usually flooded with lawsuits on this act because of the non-initiation of lawsuits or the passing of illegal orders. In Md. Shaukat Ali Vs. The State of Bihar & Ors. the Court had directed the authorities to conduct the proceedings within 15 days of the order and complete it in thirty days. The court had also said to release the vehicles by an interim order if the proceedings were not completed in 30 days. Also, the court had held reasonable delay in section 38 should not be more than three months. The Court had reiterated similar principles in Umesh Sah Versus The State of Bihar & Ors. (CWJC No.17165 of 2019) and Vishal Kumar Versus the State of Bihar & Anr (CWJC No.6148 of 2020,).
Court’s Decision
The Court held that proceedings under section 58 should be finished within ninety days. All appeals initiating from it should be decided in thirty days. In failure to do so, the confiscated items will be deemed to be released. The court instructed the authorities to dispose of this case in the stipulated period of time, It also allowed virtual hearings keeping in view the pandemic situation across the country.
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